Legal or Not? Homebuilt AK47 in CA.

[Strykervet]

I Built This AK-47. It's Legal and Totally Untraceable. | Mother Jones

Read over that first. Then comment.

I'm curious as to whether that is legal or not, I'd like nothing better than to turn his ass in, then report it Fox News as they'd be the only one to report it. It could set an example that would help prevent these bastards from doing these fake "exposes" that just show the reporter breaking the law (like the fucktard that brought a 30rd mag to a DC new studio strictly to demonize us --but got away with it) which alludes to the idea that we don't have to follow any laws or take on any responsibilities in our hobby, sport or profession. Mother Jones reports on MSNBC a lot, and I don't have to tell you their stance on our 2A rights.

First off, I thought that this build was illegal in CA, no matter what, as it's an AK capable of accepting high caps and has a pistol grip and what appears to be a threaded barrel. Second, he calls it a "modern sporting weapon". Because it looks like he didn't use US parts in it (he even mentions using a surplus kit) that makes it an "assault weapon" right? I should mention the receiver is made from a flat.

Anyone see any other violations? Or am I wrong and pistol grip high cap AK's are totally legal in CA, provided they DON'T have a serial number? And okay federally for the same reason? Don't you still need US parts? And he mentions selling it, I thought that was strictly prohibited? According to the article, it looks like he took all his advice from the Bubbas he was hanging out with (or rather, to paint in unflattering light).

If I get confirmation on here, I'd like to report him to my local ATF field office as well as the ATF technology branch and his local law enforcement, as I'm not sure he told the LAPD spokesman all the details about his build. Would any others be interested in him? Or is this bastard totally in the green?

Oh, and I bet the more folks that turn him in, forward this along to others, the better the chance of nailing him.

On the other hand, if he's completely right and I don't need the US parts, I may build one myself just for shits and giggles. Obviously not to sell.

 

[pawprint2]

My spirit is with you, however; this isn't going anywhere, law enforcement is not fair and impartial, and the laws do not apply to all equally in the U.S.. We all wish they did, but they don't. The DOJ makes these kind of decisions, sorry to say, it is UN-constitutional for the executive branch not to faithfully see to it that our laws are followed, but they don't, and here in the real world, the senate and/or the house don't demand it. The only thing you will accomplish it to piss off someone, maybe you'll be on the next IRS target list, or the NSA's hot list (not just record, but listen), etc. God Bless you. My advice, while you are 100% correct, leave it alone.

 

[jtake]

Legal. Federal law allows people to make their own guns. Many laws come into play when you sell such a gun, but you can make at home. As to semi-auto center fire rifles, this is also legal so long as you don't use "high-capacity" magazines and use a bullet button (regardless of the other general features of the gun). For a great resource on what features make a rifle legal/not legal in CA, see the following flowchart: http://www.calguns.net/caawid/flowchart.pdf

By the way, there is no requirement for serial numbers when you make your own unless you are selling the gun. It is not uncommon for people (in CA and other states) to make their own using 80% completed parts (where you use a milling machine or drill press to drill out pockets and holes) for 10/22s, AR type rifles, 1911s, Aks etc.

There is a great site detailing a guy building an AK using an old shovel to make the receiver! DIY: Shovel AK - photo tsunami warning!

 

[Kiba]

There was already a giant thread on Calguns about this-- tons of info there if you search for it.

Homebuilding your own rifle is legal (even in California) provided the end product meets all applicable laws-- but that particular builder did not have the completed rifle configured in such a way to be compliant with California laws regarding assault weapons (SB-23.)

Don't bother reporting him, it's already been done (again, look for the thread on Calguns.) He did the report as more of a "hit piece" than anything else. He hooked up with the build party through Calguns with the intention of filming it for all the wrong reasons.

https://www.calguns.net/calgunforum/showthread.php?t=767020

 

[Strykervet]

Okay, thanks a lot, that answers my question right there and since others have already done it, cool. No more advice needed, but discuss away if you like.

I kind of figure that it being Kalifornia (and DOJ) and their stance on firearms, that he'll slide. Convict him, and it'll have a chilling effect on other anti-gun agenda "journalists".

 

[Kiba]

One of my favorite comments on the Calguns thread was when he cut it up with the grinder he didn't even follow the proper ATF regulation for destroying it (3 cuts removing 1/4" of material minimum.)

The "journalist" certainly had an agenda that was made easier by the recent much more widespread advertising of build parties. As you said, the fact that he built a rifle that was illegal in California (and filmed it) should be grounds enough for prosecution but I doubt it will happen.

In the meantime feel free to complete your 80% builds and scratch-builds provided the end product is compliant with all applicable laws.